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2026 DAILYLAW 41896 (CAL)

MANTU KUMAR @ MANTU SAMANTA v. STATE OF WEST BENGAL AND ORS.

WPA/23694/2026 · 2026-09-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

46 2211..0099..22002266 Ct. No.15 b.das WPA 23694 of 2026 Mantu Kumar @ Mantu Samanta Vs. The State of W.B. & Ors. Mr. Debasish Kundu Mr. Purnasis Bhunia …for the petitioner. Mr. Santimay Bhattacharya Md. Ziaul Haque Mr. Anirban Das Ms. Aloka Bhattacharyya…for respondent no.6. Mr. Jayanta Das Ms. Soumita Ghosh ..for respondent no.13. Mr. Yudhisthir Maity …for the State. Supplementary affidavit submitted by the petitioner is taken on record. The petitioner alleges that the private respondent is raising unauthorized construction in the plot in question without obtaining sanction from the concerned Panchayat and upon encroaching a portion of the petitioner’s land. The petitioner submitted representations in this regard before the concerned authority on 11th August, 2026 and 19th August, 2026 respectively, which are yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the petitioner submits that after the writ petition was filed a notice has been issued to him by the Pradhan, Talda Gram Panchayat on 31st August, 2 2026 fixing 3rd September, 2026 for hearing pursuant to the representation submitted by him. Learned counsel for the private respondent also submits a copy of the notice which demonstrates the date of hearing was fixed on 3rd September, 2026. Learned counsel submits that no construction is being raised by the private respondent in the plot in question. The parties are unable to apprise this Court whether any decision has been taken by the Pradhan pursuant to such hearing. This Court is informed that the petitioner was unable to appear at the hearing due to his illness and the private respondent appeared and placed his contention before the Pradhan. However, since no decision appears to have been taken by the Pradhan pursuant to the said hearing, the Pradhan, Talda No.1 Gram Panchayat, being the 12th respondent herein, is directed to deal with the issue upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law and dispose of the representations submitted by the petitioner within four weeks from the date of communication of this order. It is made clear that the 12th respondent shall only deal with the issue of alleged construction raised by the private respondent without obtaining sanctioned building plan. He shall not deal with the allegation made by the 3 petitioner with regard to the encroachment of his land by the private respondent. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)